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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. MISSING
Regular Panel Decision

Eaton v. Chahal

This consolidated decision by Justice William H. Keniry addresses common discovery issues across six negligence actions in Rensselaer County Supreme Court. The primary focus is the requirement for a "good faith" effort to resolve discovery disputes, as mandated by section 202.7 of the Uniform Rules for Trial Courts (22 NYCRR). The court emphasizes that a "good faith" effort necessitates significant contact and negotiation between counsel. Due to a complete failure to comply with this rule, the motions and cross-motions in five cases (Eaton, Frament, Lindeman, Madsen, and Malave) are denied. In the Oathout case, the defendants' motion is conditionally granted, pending plaintiff's compliance with discovery demands. The court also outlines its position on substantive discovery issues like medical reports, collateral source information, statutory violations, age/date of birth, photographs, and authorizations for workers' compensation and no-fault insurance files.

Discovery disputesBill of particularsGood faith requirementCPLR Article 31Medical reportsCollateral source informationStatutory violationsWorkers' compensation filesNo-fault insurance filesJudicial discretion
References
19
Case No. MISSING
Regular Panel Decision

Jo v. JPMC Specialty Mortg., LLC

Mee Jin-Jo (now deceased and represented by her daughter Billian Jo) filed a pro se lawsuit against JPMC Specialty Mortgage, LLC, alleging improper retention of property after her eviction. Following a jury verdict of "no cause of action," Plaintiff filed a motion for a new trial under Rule 59 of the Federal Rules of Civil Procedure. The Court addressed Plaintiff's grievances concerning evidentiary rulings, consistency between in limine rulings and trial decisions, the presence of a corporate representative, proper service of discovery documents, opportunity to review deposition transcripts, judicial conduct, and the admissibility of new evidence and lay opinion testimony. The Court denied the motion, concluding that Plaintiff failed to demonstrate that a new trial was warranted.

Motion for New TrialRule 59 FRCPEvidentiary RulingsJury VerdictHarmless ErrorCorporate RepresentativeDeposition TranscriptLay Opinion TestimonyFederal Rules of EvidenceJudicial Discretion
References
50
Case No. ADJ2237512 (LAO 0800529), ADJ2160716 (LAO 0800527), ADJ634371 (LAO 0817484)
Regular
Sep 09, 2015

MARIA MORALES vs. UNIVERSAL FURNITURE, AIG PROPERTY CASUALTY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board denied applicant's Petition for Removal, finding no substantial prejudice or irreparable harm. The applicant argued that a deadline to complete pre-trial conference statements caused significant prejudice, but the Board found ample opportunity for discovery and preparation had been provided. The Board noted the trial judge properly set the matter for trial according to statutory requirements. Accordingly, removal was denied, and the case will proceed to trial.

Petition for RemovalPre-Trial Conference StatementIndustrial InjuryMultiple Body PartsCumulative InjuryDeclaration of Readiness to ProceedMedical EvaluationMinutes of HearingStipulations and IssuesWCJ
References
3
Case No. ADJ8809588
Regular
Oct 10, 2013

**SHARON SNOW,** vs. **WEST COAST COSMETIC MEDICAL; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,**

This case involves a defendant's petition for removal after the trial judge ordered the case to trial and closed discovery. The defendant argues insufficient opportunity to conduct discovery, citing the applicant's cancellation of a deposition due to a perceived discrimination claim that was not formally filed. The Appeals Board granted removal, finding good cause to reopen discovery. The matter is returned to the trial level for a priority conference to ensure complete discovery before proceeding to trial.

Petition for RemovalDeclaration of Readiness to ProceedDeposition CancellationLabor Code section 132aDiscovery CompletionIndustrial InjuryPsyche InjuryDigestive System InjuryExilis TechnicianMedical Report
References
0
Case No. ADJ7422830; ADJ7605326
Regular
Feb 11, 2014

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS COMPENSATION ADMINISTRATOR, TRANSITIONS MENTAL HEALTH/STATE COMPENSATION INSURANCE FUND

This case involves two consolidated workers' compensation claims for Sally Braithwaite Marshall concerning alleged injuries from "sick building syndrome" and toxic substance exposure. The Appeals Board granted applicant's Petition for Removal, rescinding the trial judge's order to proceed to trial. The Board found that discovery was incomplete, pre-trial statements were not filed, and insufficient notice was given for trial preparation due to the complexity of the consolidated cases. Consequently, the matters are returned to be reset for a mandatory settlement conference, and venue is transferred to the Santa Barbara district office.

Petition for RemovalWCJAgreed Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference StatementSick Building SyndromeToxic Substances ExposureConsolidation of CasesAutomatic Reassignment
References
0
Case No. ADJ1551358 (LAO 0752000) ADJ3229366 (LAO 0751999)
Regular
Oct 17, 2011

HELEN BROWN vs. CEDARS-SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's order to take the case off calendar for further discovery. The Board found the trial judge abused his discretion by ordering discovery without determining the current evidence was insufficient and without proper procedural grounds. Discovery was closed, and the applicant failed to show good cause to reopen it. The Board returned the cases to the trial level for a new trial based on the existing evidence.

Petition for RemovalAgreed Medical Evaluator (AME)Off CalendarDiscoverySubstantial EvidenceDevelop the RecordDue ProcessPetition to ReopenMandatory Settlement Conference (MSC)Pretrial Conference Statement
References
2
Case No. ADJ6739458 ADJ6739459
Regular
Nov 05, 2010

MARTA MAYA AFRIAT vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration and rescinded a WCJ's decision regarding applicant's cumulative trauma claim. Defendant argued it was denied due process as it was not afforded discovery or trial on this claim, having only agreed to submit issues regarding medical evidence discovery and Rule 30. The Board found the WCJ improperly ruled on the cumulative trauma claim's compensability, which was not limited to the agreed-upon discovery issues. The matter is returned to the trial level for further proceedings to ensure due process rights are met, including the defendant's right to discovery and trial.

WCABRemovalReconsiderationFindings of FactRulingMedical DiscoveryCompensableCumulative InjuryLabor Code Section 5402Due Process
References
10
Case No. ADJ2785097 (LAO 0781834)
Regular
Aug 23, 2010

TOMAS MOYOTL vs. C&D AEROSPACE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf of HIH INSURANCE COMPANY, in liquidation

Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.

Workers' Compensation Appeals BoardPetition for RemovalRescind OrderCompel Further DepositionLien ClaimantHome Health CareIndustrial InjuryPermanent DisabilityPre-trial DiscoveryPetition to Compel
References
0
Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
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